Question
Download Solution PDFWhich of the following articles of the Indian constitution deals with the privileges of the members of parliament?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Article 105.
Key Points
- Article 105 of the Indian Constitution defines the powers, privileges, and immunities of Members of Parliament (MPs).
- It includes freedom of speech in Parliament and immunity from legal proceedings for anything said or done in the course of their parliamentary duties.
- Privileges under Article 105 are granted to ensure the independence of MPs and the effective functioning of the legislature.
- The privileges are not absolute and may be regulated by Parliament through legislation.
- The corresponding provision for State Legislatures is Article 194, which deals with privileges of members of State Assemblies.
Additional Information
- Privileges of Parliament Members:
- Freedom of speech within the house without fear of legal consequences.
- Exemption from appearing in court for civil cases during parliamentary sessions.
- Privilege to access certain confidential documents related to legislative proceedings.
- Restrictions on Privileges:
- Privileges are subject to judicial review if they violate the Constitution.
- Misuse of privileges can lead to disciplinary action by the parliamentary ethics committee.
- Relevant Historical Cases:
- Keshav Singh Case (1964): Defined the scope and limits of legislative privileges.
- Shiv Kant Shukla Case: Addressed the relationship between fundamental rights and parliamentary privileges.
- Legislative Immunities: Ensures independence of MPs in carrying out their duties without external influence or fear of legal reprisal.
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